Legal Question in Family Law in Alabama

child support

I have been paying child support for 5 years. My children are now 18 and 19. support is suppose to stop at age 19 (per divorce decree). i have also changed jobs two years ago with a $4 an hour pay cut. I did not ask to have child support reduced at that time. Now that the kids are 19 and 18 I am taking my ex back to court to reduce and finally stop child support in december when youngest child turns 19. My court date is March 11. My ex ask on 3/5/02 to have court date posponed. She is trying to pospone date as long as she can to get as much money as she can. I heard she could pospone 3 times. By then it will be december. If date is posponed do I still have to pay her $426 a month until court? Can she pospone if I don't agree to it? She will drag this out forever. I filed this case in August. That's how long I've been waiting for a court date. I have never missed a payment, and was more than fair when I got a new job. I need a break though. THe oldest child doesn't even live with her anymore. Please help. Thank you.


Asked on 3/05/02, 10:24 pm

1 Answer from Attorneys
Fred Wood Fred Wood & Associates LLC

Re: child support

First of all, you need a lawyer. If you think you can't afford one, it may be that you can't afford not to have one. If money if a problem, try to find a young atty who appears to be competent and energetic.In some areas there are attys who will help you in a case like this for a reduced fee. Call the local bar assoc. and find out.

I have collected child support for the local DHR for over 18 years. If your pay history is as good as you say, they will be more than happy to help you. You have an absolute legal right to go to the DHR and have them file a petition for you under their Federal Program. However, you are probably past that now.

There is no limit to the number of times she can ask to continue this case. However, if you had counsel, he could object to any more delays.If you simply can't get counsel,the next time she files for a continuance , file an objection in your own handwriting simply stating what is going on. The body of your letter with a few changes or additions would be fine.

I would NOT stop paying until the Judge entered an order. However, he can give you some retroactive relief when you do get to court.

Also remember, she has until their 19th birthday to file for college support. You may want to consider this and think about just letting a sleeping dog lie since you are so close to the end. Hope this helps.

[email protected]. Fred Wood Hamilton,Al. Marion County.

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Answered on 3/06/02, 11:06 am


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